Illegal Dumping Prevention Toolkit:
Targeted Enforcement

Ordinances

Dedicated Enforcement & Prosecution

Field Operations

The "backbone" of effective enforcement consists of ordinances that regulate waste management and prohibit illegal dumping.

Ordinances can require permitting or licensing of waste management activities, prohibit open burning and dumping on private and public property, or require owners of rental properties to contract for waste pickup services for renters. Effective ordinances include clear definitions of key terms to avoid "gray" areas.

In addition, ordinances can impose penalties, including

• Fines
• Incarceration
• Vehicle impoundment
• Cost recovery for site cleanup or security
• Liens on property
• Revocation of licenses or permits
• Community service

Creative use of penalties can contribute to a prevention program. For example, fines can generate program funding (if collection systems are adequate) or can be transferred to an account from which citizen rewards can be paid. Community service requirements can be directed toward cleanup and beautification projects.

Permitting of transfer stations and recycling facilities allows regulators to monitor waste loads via receipts, load tickets, or manifests. In addition, enforcement officials and residents can more easily recognize unlicensed waste haulers if licensing placards or stickers are required. Similar controls can be used to monitor disposal of waste generated by demolition projects.

Ordinances, permits, and licenses are effective only to the extent that they are enforced and offenders are prosecuted. Ordinances require the following to be effective:

• Sufficient resources
• Trained enforcement officials
• Clear lines of authority
• Timely prosecution
• Support of the judicial system

Effective ordinances must be tailored to meet specific needs. However, the following components are recommended to support a comprehensive prevention program:

Effective Ordinance Components

• Definition of key terms
• Authority for inspections and enforcement
• Permitting and application requirements
• Permit renewal, transfer, and revocation provisions
• Collection and hauling requirements
• Storage and processing requirements
• Fee collection
• Prohibited activities and violations
• Litter prevention
• Owner responsibilities
• Penalty clauses
• Liability clauses
• Severability clauses
• Prosecution procedures
• Authority for emergency abatement activities
• Cost recovery

Case Studies

• New York, New York. The city defines illegal dumping as the action of "any person, their agent, employee, or any person under their control to suffer or permit any dirt, sand, gravel, clay, stone, rocks, rubbish, building rubbish, sawdust, shavings or trade or household waste, refuse, ashes, manure, garbage, rubbish or debris of any sort, or any other organic or nonorganic material, or other offensive matter being transported in a dump truck or other vehicle to be dumped, deposited or otherwise disposed of in or upon any street, lot, park, public place or other area whether publicly or privately owned." Vehicle owners or drivers are liable, and fines range from $600 to $1,500. Section 16-119, Administrative Code, City of New York.
  
  
• Chicago, Illinois. City penalties for dumping without a permit can include fines up to $2,000; 6 months in jail; and up to 200 hours of community service. Violators are liable for up to three times the cost of cleaning up a site, and city contracts can be terminated. Vehicles are subject to seizure and impoundment, with the owner of record liable for a $500 fine in addition to towing and storage fees. Finally, owners or occupants of any unimproved parcel of real estate must remove any abandoned or derelict motor vehicle, garbage, debris, refuse, litter, or miscellaneous waste. Violations can result in fines of $200 to $1,000 per day. Ordinances 7-28-440 and 7-28-450, Municipal Code, City of Chicago.
  
  
• Hammond, Indiana. Permits and fees are required for inspection of waste-hauling vehicles. A $250 per vehicle fee is required for vehicles, including pickup trucks, that haul waste. Permits are not required for any federally, state, county, or municipally owned and operated waste-hauling vehicles. At the time of payment for the permit, a numbered sticker is issued that must be attached to the regulated waste-hauling vehicle in a conspicuous location. Article 94.41, Administrative Code, City of Hammond.
  
  
• State of Michigan. The Natural Resources and Environmental Protection Act regulates transportation, storage, and disposal of scrap tires. Tire retailers must maintain records indicating the number of scrap tires removed and their final destination. Haulers must maintain records of each load of scrap tires transported on an approved manifest form. A copy of the form must be provided to the person contracting for removal of scrap tires and the registered collection site or licensed landfill where the tires are delivered. Haulers and collection site owners must display registration numbers and renew their registrations annually. The state partners with local law enforcement to enforce the provisions of the act. Public Act 451, Part 169.

Dedicated Enforcement and Prosecution

Dedicated enforcement and prosecution personnel are valuable contributors to an illegal dumping prevention program.

Enforcement

Dedicating officers to illegal dumping prevention and enforcement is an example of how high-level authorities can support prevention efforts. Law enforcement officers assigned to illegal dumping must have knowledge of applicable laws and ordinances. In addition, they must have the authority to issue citations, make arrests, impound vehicles, and conduct surveillance. Officers from local police or sheriff’s departments are ideal candidates for assignment. Off-duty officers can supplement on-duty staff during warm-weather months, when dumping activity peaks. In many cases, investigating dumping cases provides officers with the opportunity to further investigate suspects or premises for other crimes.

Other government agencies (such as health, sewer, or environmental departments) can also dedicate personnel to illegal dumping cases, but they must have either appropriate authority or easy access to law enforcement officers. The latter requires an efficient means of communication and, more importantly, a commitment by officers with authority to provide timely backup.

A dedicated task force can be formed that consists of enforcement officials from different departments or agencies with the authority or responsibility for illegal dumping prevention. Such collaborative efforts encourage cooperation and reduce the burden on individual organizations. Task forces with representatives from different levels of government (city, county, state, or federal) can be effective in working together to apply the strongest ordinance or law to an offender.

• Detroit, Michigan. The Detroit Environmental Enforcement Project (DEEP) Task Force consists of officials from the law, fire, police, public works, water, environmental affairs, communications, and planning departments. In the pilot phase, seven police officers, two firefighters, and four state conservation officers conducted surveillance and investigated illegal dumping in two target precincts. Driving unmarked cars (donated by a local auto manufacturer) and wearing plain clothes, this team attempted to catch dumpers in the act. A toll-free complaint hotline was established, and reported cases are electronically tracked. The program has resulted in nearly 100 arrests. Task force activities were expanded to involve all 12 police precincts. Contact Gregory Moore, Environmental Affairs Department, (313) 237-3095.
  

• St. Louis, Missouri. The Trash Task Force consists of off-duty police officers who use personal vehicles to conduct surveillance and enforce illegal dumping ordinances. Task force members are carefully chosen and must be former detectives with experience investigating environmental crimes. The officers sign independent contracts to cover the 20 hours per week they spend on task force activities. They make arrests and contact on-duty officers using cellular phones to obtain backup or transport offenders. The task force also responds to citizen complaints received through the Citizens Service Bureau, which acts as a clearinghouse for illegal dumping questions and complaints. In 1996 and 1997, the task force made over 100 arrests; towed 21 vehicles; and made over 1,600 investigations. Contact Jeff Towers, Trash Task Force, (314) 622-4628.
  

• Los Angeles, California. The Bureau of Street Maintenance was spending over $4 million annually to clean up illegally dumped material. In partnership with the police department and City Council, a task force consisting of two police officers and 16 reserve officers (police-trained volunteers) was created. The reserve officers survey locations frequented by dumpers to catch violators in the act. Over 100 arrests were made and 60 vehicles were impounded between 1995 and 1997. The program realized police salary savings of $112,000 by using reserve officers; local businesses were retained, and citizens became more active in reporting crimes. Contact Officer Jeff Churchill, Police Department, (213) 846-6521 .

Prosecution

The enforcement process can be further enhanced by dedicating a local prosecuting attorney to dumping cases. Such an approach can help ensure that cases are processed in a timely and consistent manner. A dedicated prosecutor can be a valuable resource for officers investigating, gathering evidence for, and developing cases. With knowledge of the court system and case precedents, a dedicated prosecutor can help ensure that cases are prepared properly and have the best chance of a favorable ruling.

Another option is to limit the focus of a court session to environmental cases. This approach, especially when cases are heard by a dedicated judge or hearing officer, provides for consistency in case disposition and penalties.

Case Studies

• Charlotte, North Carolina. The city and county established an environmental court for violations of local and county environmental laws. The court is limited to prosecuting misdemeanors involving dumping of less than 500 pounds of waste. A related work group includes federal; county; state; and local fire, sewer, and police department officials involved in enforcement. Anyone convicted is required to run a full-page advertisement in a newspaper apologizing for the violation. The City does no further business with contractors convicted of environmental crimes. Contact C. Nicks Williams, U.S. Attorney’s Office, (704) 344-6222.
  

• St. Clair County, Illinois. The Illinois Environmental Protection Agency works closely with the local State’s Attorney’s Office to prosecute environmental cases. About 20 percent of the state’s attorney’s time is dedicated to illegal dumping, greatly enhancing prosecution of environmental cases and allowing for collection of penalties and site cleanups. The program’s reputation serves as a deterrent to illegal dumping and has led to the cleanup of many sites. In addition, the state’s attorney serves as an advisor to local enforcement officials on solving environmental problems. Contact Penni Livingston, State’s Attorney’s Office, (618) 277-3892.

Field Operations

Field operations targeting illegal dumping require appropriate officer training, authority, equipment, and surveillance strategies.

Training

Law enforcement officers assigned to illegal dumping prevention must have knowledge of applicable laws and ordinances to be effective in the field. Training materials can include "pocket" or "short charge" cards outlining relevant ordinances, sample tickets, or training bulletins and manuals. Short videotapes can be played at roll call, or environmental issues can be integrated into academy training programs.

Several organizations provide training program development assistance:

EPA - National Enforcement Training Institute
(800) 372-6384 or http://www.epa.gov/oeca/neti

Midwest Environmental Enforcement Association
Training Programs Coordinator, (847) 742-1249

Southern Environmental Enforcement Network
Training Coordinator, (334) 242-7369

Northeast Environmental Enforcement Project
Training Program Manager, (609) 292-0987

Western States Project
Training Services Coordinator, (602) 542-8514

Case Study

• Northern Illinois. The Illinois Environmental Crimes Investigators Network was established by the state Attorney General’s Office. The network offers basic awareness seminars that simplify key provisions in environmental crime statutes, teach basic investigative techniques, and demonstrate how available state resources can be assessed. Instructors from several different organizations participate, including the EPA, state Attorney General’s Office, Illinois EPA, state police, and Cook County State’s Attorney’s Office. In 1996 and 1997, the seminars were attended by over 500 police and fire officers. Contact the Environmental Crimes Bureau, (312) 814-3918.

Authority

Officials must have the proper authority to conduct surveillance, inspections, and investigations. In many instances, local, state, and federal officials all have some level of authority and involvement in illegal dumping. This can lead to incorrect assumptions that another party will address problems. In areas where authorities overlap, clear definition of jurisdictions prevents duplication of effort and increases the effectiveness of limited resources.

In other cases, officials with insufficient resources and authority may have primary responsibility, resulting in an inadequate response. Although a municipal agency may be better situated to respond to an incident than the state, the agency may lack the resources to adequately prosecute cases under the appropriate laws.

If authority is delegated to a local entity by the state or county, a written delegation agreement can be established to transfer authority and clearly define responsibilities. Once jurisdictions are defined, continuous communication and coordination between stakeholders are essential.

Case Study

• Southwestern Illinois. The Illinois Delegation Agreement between Illinois EPA and St. Clair and Madison Counties, delegates illegal dumping surveillance and enforcement authorities under the Illinois Environmental Protection Act. Coordination has increased between the state and local agencies, such as local sheriff’s departments, as a result of the agreement. In St. Clair County, health and sheriff’s department officials often conduct surveillance and enforcement activities together. In addition, training programs addressing environmental crime have been held for local police departments. Contact Ken Mensing, Illinois EPA, (618) 346-5120.

Equipment

Proper equipment is needed to support field operations, including

• Radios, cellular telephones, or pagers

• Spotlights or night-vision gear

• Polaroid, 35-mm, or digital cameras

• Notebooks or tape recorders

• Citation books

• Checklists summarizing laws and ordinances

This equipment is available from the tactical or investigation units of local, county, and state police agencies. As agencies obtain new equipment, old equipment may be acquired at a reduced price or may be available on loan for illegal dumping prevention.

Surveillance

Various surveillance methods and techniques exist to identify illegal dumpers and support their prosecution, including

• Stake-outs

• Video monitoring

• Patrols

• Community assistance

At known dump sites, stake-outs using unmarked vehicles or structures and night-vision equipment must take place during peak dumping hours, typically during the late evening or early morning. Video cameras can be more cost-effective than stake-outs because limited manpower is required. If cameras are purchased, capital, maintenance, and operator training costs must be considered. Contracting with a surveillance company to provide, install, and maintain cameras can minimize costs, particularly for short-term or sporadic activity. Enforcement officials should confirm the admissibility of video evidence in court before initiating a video surveillance program.

Patrolling areas where dumping is likely to occur may lead to catching illegal dumpers in the act, thus increasing the likelihood of their successful prosecution. A licensing system requiring placards or other identification for waste haulers can assist in identifying potential dumpers. Also, rising smoke is a potential indicator of illegal dumping because open burning may also be taking place.

Residents may be willing to assist in surveillance by communicating their observations to enforcement officials. In addition, local properties can be used for stake-outs or installation of video cameras. Citizens must be aware of what constitutes illegal activity and must understand what information is needed about an illegal dumper (such as a vehicle description and license number). A hotline for notifying authorities combined with a reward system for information leading to a conviction encourages community involvement.

• St. Clair County, Illinois. A deputy from the county Sheriff’s Department is assigned solely to environmental crime enforcement activities in rural areas. Using a standard squad car, the deputy patrols the areas seeking to catch illegal dumpers in the act and watches for rising smoke from open burning from a high vantage point. Citations are commonly issued for open dumping and open burning of refuse and tires. Contact Lt. Steve Saunders, County Sheriff’s Department, (618) 277-3505, extension 757.
  

• New York, New York. Under the "Illegal Dumping Award Program," a citizen observing dumping and completing an affidavit leading to a conviction is eligible for a reward of 50 percent of the collected fine. The citizen must appear at a hearing if the respondent challenges the charges. Under the "Illegal Dumping Tip Program," a citizen providing information leading to a dumper being caught in the act is eligible for a reward of 50 percent of the collected fine. The citizen is not required to appear at a hearing, and his or her identity remains confidential. Contact Richard DiPietro, Sanitation Action Center, (212) 219-8090.